Commercial Electric, Inc. v. JGC Enterprises, LLC

MEMORANDUM **

Appellants, and lien claimants, Turner Sand & Gravel, Inc. (“Turner”) and Commercial Electric, Inc. (“Commercial”), appeal the district court’s grant of summary judgment in favor of debtor JGC Enterprises, LLC (“JGC”). Specifically, appellants challenge the district court’s decision that their liens are invalid for failure to comply with the verification requirements *563 of Idaho Code § 45-507 . Alternatively, appellants contend that the voluntary dismissal of JGC’s underlying bankruptcy proceeding restored their claims of lien by returning the parties to the status quo ante — the district court’s previous grant of summary judgment notwithstanding.

We review the district court’s decision on an appeal from a bankruptcy court de novo. American Broad. Sys., Inc. v. Nugent (In re: Betacom of Phoenix, Inc., Debtor), 240 F.3d 823, 827-28 (9th Cir. 2001).

We affirm for the reasons assigned.

Because the parties are familiar with the facts, we recite here only those necessary to explain our decision.

In early 1998, both Turner and Commercial entered into subcontracting agreements with Pond Construction, Inc., to which JGC was a third party beneficiary, and pursuant to…